Written by: The Benton Law Firm Last Updated : May 11, 2022

Dallas Lawyers for Mental Anguish After a Car Accident

If you were involved in a car accident in Texas that was caused by someone else’s negligence, you know what mental anguish feels like. It feels like countless nights lying awake with worry over your financial situation. It feels like hours in pain while you receive medical treatment. It feels like conversations with your spouse about how you will pay the bills when you can’t work. It feels like flashbacks of the horrible moment of your accident that leave you frozen in fear. It feels like sadness and despair at missing out on those activities you used to enjoy. Others might not be able to see it on the outside, but mental anguish is real and palpable to those who are experiencing it.

The Dallas car accident attorneys of The Benton Law Firm understand how debilitating mental anguish can be. We have represented many individuals in Dallas and throughout Texas who have experienced unbearable mental anguish after an accident. We understand what you are going through, and we will aggressively pursue the compensation and support you need to get on the road to recovery. While no amount of money can undo what has happened to you, The Benton Law Firm can help you hold the at-fault party responsible for the distress their actions have inflicted upon you.

If you have suffered mental anguish because of a car accident, contact The Benton Law Firm at (214) 777-7777 today to speak with one of our compassionate, knowledgeable attorneys.

What Is Mental Anguish?

Over the years, the definition of mental anguish has been interpreted and refined by Texas courts. Mental anguish implies a “high degree of mental pain and stress” and involves painful emotions such as grief, despair, and disappointment that would cause significant disruption to your life.

After a car accident, mental anguish might include the following:

  • Pain and suffering, whether physical, mental, or emotional
  • Post-traumatic stress
  • Anxiety
  • Depression
  • Loss of enjoyment of life
  • Loss of companionship/support

Who Can Sue for Mental Anguish?

If you were injured in a car accident that wasn’t your fault, you might be able to recover compensation for mental anguish related to your injuries. Even with severe injuries present, it can be difficult to prove mental anguish. That is why you need to hire an attorney who is knowledgeable about the law regarding mental anguish and has a track record for successfully proving mental anguish in car accident cases.

You might be able to sue for mental anguish if you acquire a new mental health condition as the result of your accident, such as depression, anxiety, post-traumatic stress disorder (PTSD), or some other condition you didn’t have before. You’ll need to be able to demonstrate, through medical records, that you haven’t had the condition before, that your medical provider has diagnosed you with the condition, and that it requires treatment.

Alternatively, if you had a mental health condition prior to the accident and the crash aggravated or exacerbated your condition, you may be able to obtain compensation for your mental anguish. Your medical caregiver’s records must demonstrate the ways in which your condition was altered by the accident, and the difference between your pre-accident condition and your post-accident condition must be significant.

How Do You Prove Mental Anguish?

The Benton Law Firm appreciates that mental anguish can be very real and life-altering for individuals experiencing it after a car accident. However, it can be challenging to prove mental anguish in a personal injury lawsuit. Even so, The Benton Law Firm’s attorneys are not afraid to take on these cases because we have the experience and knowledge necessary to pursue the compensation you deserve from the responsible party.

In order to prove mental anguish, there must be evidence of mental anguish to a degree that disrupts your daily routine. It is much more than simply saying that you feel mental anguish. The following evidence may be helpful in proving mental anguish:

  • Personal testimony on the degree, nature, and duration of your mental anguish
  • Testimony from family and loved ones on how the accident has impacted your life
  • Medical records showing new or increased treatment for mental anguish, such as prescription drugs or therapy
  • Expert testimony on the mental and emotional impact of car accidents and of the effect the accident you were involved in had on you, in particular
  • Physical manifestations of mental anguish such as insomnia, anxiety or panic attacks, elevated blood pressure, etc.

While mental anguish can be related to mental health, Texas courts typically do not require a mental examination in order to prove mental anguish, except when “good cause” for a compelled examination is shown.

How Much Can I Recover for Mental Anguish?

There is no specific formula for calculating how much compensation you can recover for mental anguish. The amount will depend on a number of factors, including the extent and duration of your mental anguish, the available proof of your mental anguish, and the potential for ongoing and future mental anguish.

The best way to estimate how much you might recover for your mental anguish in a personal injury claim or case is to speak with an attorney who knows the law and has significant experience in handling these cases. A skilled attorney can review your case, analyze the evidence available, and provide a good assessment of the value of your case.

Contact The Benton Law Firm Today

One of the difficult things about suffering mental anguish after a car accident is how incapacitating it is. When you are suffering mental anguish, it can seem impossible to do anything else. That’s why it is essential to hire an experienced and compassionate car accident attorney to represent you. The attorneys of The Benton Law Firm have counseled many Texas clients through situations that seemed impossible. Let us handle your case while you focus on your own health.

Contact The Benton Law Firm today at (214) 777-7777 to learn more about how we can help you through these difficult moments. Let us get started on your case and pursue the compensation you deserve.

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